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Discussion Starter #1 (Edited)
Well the wife changed he mind. She decided that she would rather keep her VR-4 than get the WRX she ordered last month. Kind of a good thing and a bad thing. Good thing is it makes sense... the VR-4 is a better car than the WRX with much better features & specifications. It will also keep me from spending money on her car's upgrades. The money will be funneled back to the Stealth. (Accel/MSD/DN Pre cat elims/UR Cam gears!) She likes the VR-4 better and if that's what she wants than that's what she gets. She feeds enough of my habits and doesn't ask for a whole lot back so she deserves it.

On to the bad. When she ordered the WRX they required a $1000 non-refundable deposit. She didn't sign anything about it being non-refundable when she handed over the check. Everything was verbal. My question? Is this a legal and binding contract? What if for some reason we couldn't get financing? When we were looking at WRX's on the lot the salesmen told us that 2 out of the 5 WRX's on the lot had been ordered and people had decided not to take delivery on them. I can't believe that ratio of orders would be renigged on if their deposits were truly non-refundable.

If all else fails they can keep the $1000.
 

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Lost Soul
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I'm pretty sure....you can get your money back...as long as your state doesnt count verbal agreements as legal binding.

or there is a sign posted that says All orders have Non-refundable Deposit required, or some sheet she got that says by putting down a deposit you agree to the regulations blah blah.

I would try to get the money back.

-Jeff
 

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perpetual college student
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so you decided that the DNPerformance pre-cat elims were a good purchase??
 

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Discussion Starter #4
Yeah, they look like they would eek out an extra horsie or two. I don't know about the cost though. When you've hit the point I have you start working on the expensive stuff that doesn't give back a whole lot of performance. I just ordered a set of lightweight lugnuts for $55...saved me another 1.5 lbs. :rolleyes:
 

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perpetual college student
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:p
 

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Hi Trevor, good decision. Verbal contracts r worth the paper the hot air they r written on
 

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Welcome To The Machine
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This is California law. I don't know how this will apply to your state.

Contracts, both written and verbal, are enforcable with the same effect. If there is any dispute or ambiguity in either type of contract and a court must decide the dispute, the court must decide AGAINST the writer or maker of the contract.

If the alleged contract was verbal by the dealer, and you deny them ever saying the deposit was non refundable, I don't see how they could ever enforce that.

Good luck.
 

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hmmm. i would go back to the dealership and make several written amendments that substantially change the parameters of the "verbal contract". Like for instance, color... Then exercise your 3 day right to recision which is available in most states. Hence, they accepted the deal deal, which gives you a new start date.

Usually, any WRITTEN agreements succeed oral previously existing contracts.

Or demand delivery before you know that they can deliver. Just make sure that you know that they cant deliver by that date.
Or, screw up the financing.
Or say that they changed the terms of the deal. How can they prove anything, but then again, how can you?

Me, i would call a lawyer and spend 50.00 of his time on the phone to get legal advice that pertains to the state in which i reside.

Then tell the wife to make up her mind sooner. I would take the 1000.00 out of the presents i was gonna get her for xmas too..


:rolleyes:
 

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I would HIGHLY advise every1 here, in the future to, ONLY have written contacts with car dealers & every1 else for that matter.
Car dealers always have ways of inflating the truth. If he says it comes with a cover, tools, records, & a free wash & tow to your house then have him show u the stuff & put the other stuff in writing, or else its your butt hanging in the breeze
 

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Grrr, baby, grrr
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Also, in California, they're not allowed to have non-refundable deposits, are they? I've had a car dealer tell me that. Another dealer told the same thing to my roommate....
 

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so you decided that the DNPerformance pre-cat elims were a good purchase??
I too decided they were worth the purchase... thinking about cam gears also just need to find an extra $800 looks like that will come out of the fuel mod money :rolleyes: I want all that stuff done with the motor out so I dont have to mess with it later....
 

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More Than Meets the Eye
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I'd give a lawyer a call. It'd be worth a $100 consulation to save $1000.
 

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Vr-4 Evr
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Trevor said:
Yeah, they look like they would eek out an extra horsie or two. I don't know about the cost though. When you've hit the point I have you start working on the expensive stuff that doesn't give back a whole lot of performance. I just ordered a set of lightweight lugnuts for $55...saved me another 1.5 lbs. :rolleyes:

which lug nuts? im planning on getting ralliart lugnuts.
 

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You break em, we fix em
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You should be able to get your deposit back, even if verbal agreements are legally binding. The dealer will have no trouble selling a WRX so when you talk to them an explain your situation I'm sure they will let you out.
 

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Discussion Starter #15
Thanks for the advice guys. Since we're in the military we get free legal advice. I reccomended my wife call our legal office and talk to them before she contacts the dealer. If it comes down to lying about what was said then they can keep the grand.

I'm getting "Kyokugen" lugnuts. They're 7 sided lighweight nuts from Japan. The ones I ordered are black anodized. Matt - HB - Cali put some up for sale on e-bay a few weeks ago and got me thinking.
 

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In charge
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I've never heard a dealership requiring a deposit to get a car on the lot to sell you. Most of the time they bend over backwards to make the sale. I hope you can get your money back, but as someone said a bit ago, check in with a shark - oops, I mean lawyer to see what they can do for you. $1K is a good chunk of money and I'd hate to see you lose it for nothing in return.
 

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perpetual college student
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brainfood said:

looks like that will come out of the fuel mod money :rolleyes:....
yeah, I know the feeling :( although hopefully I will be getting mine for my christmas present to myself :)
 

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Discussion Starter #18
New info guys. I just got off the phone with the wife. It seems the dealer is just holding onto the check...they haven't cashed it. I was under the impression that it had been cashed. Do you think it's advisable to just stop payment on it?

My wife's also going to get advice from our legal office about it tomorrow.
 

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Stop Payment Immediately, Possesion of the $ is 9/10ths of the law. Let them worry about it instead of u losing your mods
 

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Same here ,stop the check you can argue about it later. Did you say you did not qualify for the loan because if that is true then agreements and even written contracts can be voided if you do not meet the loan qualification requirements.
I myself have bought 18 cars in the last seven years and I know how these dealers work. Stop the check.
Paul.
 
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